Allowed

Smt Mathurabai Atamaram Dhengale and 3 Others v. Sakharam Motiram Thakre and Others

Bombay HC19 Dec 2023CAS/647/2023

Case brief

AI extract

What is this about?

The High Court allowed civil applications for condonation of delay and setting aside abatement in a Second Appeal. It permitted the appellants to bring the legal heirs of the deceased first respondent on record after amendments.

What did the court decide?

Condonation of delay in bringing legal heirs on record; abatement set aside; leave to make amendments; notice on merit to be issued to legal heirs.

Smt Mathurabai Atamaram Dhengale and 3 Others… — Civil Procedure and Limitation | Bombay HC (2023)

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2023:BHC-NAG:17368

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3-CAS 647-23 in SA 562-05.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION (CAS) NO. 647 OF 2023 IN

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SECOND APPEAL NO. 562 OF 2005

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SMT MATHURABAI ATAMARAM DHENGALE AND ORS.

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...VERSUS…

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SAKHARAM MOTIRAM THAKRE AND ORS.

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Office Notes, Office Memoranda of Coram,

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appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Shri C.A.Joshi, Advocate for appellants/applicants.

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Shri Omkar Ghare, Advocate h/f. Shri A.M.Ghare, Advocate for respondent no. 1.

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CORAM : SMT. M. S. JAWALKAR,J. DATE : 19th DECEMBER , 2023

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Heard.

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The present application is filed for condonation of delay in filing application for bringing legal heirs of deceased respondent no. 1(A) on record.

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It is contended that this matter was listed before Registrar on 27/04/2023 and that time, it was noticed that the respondent no. 1(A) has expired on 04/06/2021. In view thereof, delay has been caused.

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In spite of service to the proposed legal heirs of respondent no. 1(A), none appears for them.

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For the reasons stated in the application, the application is allowed. Delay in filing application for bringing legal heirs of respondent no. 1(A) on record is hereby condoned.

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Accordingly, the application stands disposed of.

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3-CAS 647-23 in SA 562-05.odt

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CIVIL APPLICATION (CAS) NOS. 648/2023 & 649/2023

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The present applications are filed for setting aside abatement and for bringing the legal heirs of respondent no. 1(A) on record.

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For the reasons stated in the application, the applications are allowed. Abatement is set aside and the applicants are permitted to bring the legal heirs of respondent no. 1(A) on record.

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Necessary amendment to be carried out within a period of two weeks.

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Accordingly, the application stands disposed of.

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SECOND APPEAL NO. 562 OF 2005

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After amendment is carried out, issue notice on merit to the proposed legal heirs of respondent no. 1(A).

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(Smt. M.S. Jawalkar, J.)

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B.T.Khapekar

Smt Mathurabai Atamaram Dhengale and 3 Others v. Sakharam Motiram Thakre and Others

Case brief

What is this about?

What did the court decide?

Smt Mathurabai Atamaram Dhengale and 3 Others v. Sakharam Motiram Thakre and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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